CASE DIGEST Eagle Ridge V CA
CASE DIGEST Eagle Ridge V CA
CA
GR NO.: 178989
DATE: March 18, 2010
FACTS:
At least 20% of Eagle Ridge's rank-and-file employees had a meeting where they
organized themselves into an independent labor union, named "Eagle Ridge Employees Union"
(EREU or Union), elected a set of officers, and ratified their constitution and by-laws. Thereafter,
they formally applied for registration before the DOLE which was later on issued to them.
Subsequently, petitioner filed for cancellation of the Union’s registration. Petitioner alleged that
EREU declared in its application for registration having 30 members, when the minutes of its
December 6, 2005 organizational meeting showed it only had 26 members. Moreover,
petitioner contended that five employees who attended the organizational meeting had
manifested, through their individual affidavits, the desire to withdraw from the union. Thus, the
union membership reduced to 20 or 21, either of which is below the mandatory minimum 20%
membership requirement under Art. 234 (c) of the Labor Code. Reckoned from 112 rank-and-file
employees of Eagle Ridge, the required number would be 22 or 23 employees. The DOLE RD
ruled in favor of the petitioner which was affirmed by the BLR. On MR, the BLR set aside the
previous rulings and ruled in favor of the Union. Petitioner went to the CA but to no avail, thus
this petition.
ISSUE: Was there a bona fide compliance with the registration requirements?
HELD:
Yes. First, the Union submitted the required documents attesting to the facts of the
organizational meeting on December 6, 2005, the election of its officers, and the adoption of
the Union's constitution and by-laws. Second, The members of the Union totaled 30
employees when it applied on December 19, 2005 for registration. The Union thereby
complied with the mandatory minimum 20% membership requirement under Art. 234 (c).